A Study On The Withdrawal Mechanism Of Rural Homestead In China

Land, as an important production material for farmer, is the place for them tosettle down and build their lives on. With the rapid economic growth and accelerationof urbanization, the contradiction between the status of rural homestead’s waste andthe scare of current economic development land is increasingly evident, which isworsened by the increasing number of farmers entering cities. Our legal systemclearly defines homestead system."Land Management Law" and other laws madeclear the mechanism for owning homestead."Property Law" defined the usufructuarynature and the basic content of the homestead right, which is the gaining, exercise,transfer and elimination. But there are no laws which clearly define how to exit thehomestead which causes in a large number of waste of rural homestead.This article focuses on the paid exit mechanism of Chinese rural homestead. Thecurrent status of the rural homestead is referred as the connecting point, causing thedebate of significance and difficulties of the paid exit of homestead. The solutions andsuggestions going in line with our national condition are proposed in combinationwith legal basis and successful cases which could better improve the system ofhomestead right and resolve conflicts of the homestead idle and shortage of land forconstruction.The first part introduces the meaning of homestead, homestead right and thenecessarily of build paid exit mechanism, which is mainly described from the currentstatus of the homestead and shortages of economic construction land. This part is abrief introduction to homestead right. The second part mainly introduces thedifficulties of homestead exit mechanism which will be discussed from the followingperspectives: the difficulty of defining property, the ambiguous law regulation, unpaidreclaim and exit mechanism and lack of relevant protection measures. The third partintroduces the possibility for paid homestead exit mechanism based on economy and,reality；after that，the article proposes solutions and suggestions for paid exitinstitutions of homestead according to the above research and discussion and takinginto consideration of current rural situation, which includes defining property relation,starting registration system, strictly limiting exit body and protecting farmers’interests, building an efficient benefit-guiding mechanism, building paid andcompensation system for homestead exit and improving social security and welfaremechanism，meanwhile，pilot work should also be carried out actively。The essay is innovative in the following aspects: the majority of current articles on homestead exit system taking the perspective of economic and social management,while this essay focusing on the legal perspective; legal concepts of paid exitmechanism being discussed; introducing legal basis and difficulties on homestead exit;discussing exit homestead possibilities from legal and practical perspectives;proposing the solution and suggestion on exit homestead mechanism from legal viewwith sufficient elaboration.